TV series "The Story of Rose" sparked heated discussions after it was broadcast. The story is based on the growth story and emotional journey of Huang Yimei, also known as Rose (played by Liu Yifei), and tells the story of Rose's relationship with different types of men at different stages from youth to middle age. It's a love story with a fascinating plot that also touches on some legal issues. Judge Yang Kai of the Pinggu District People's Court of Beijing talked about the legal knowledge involved in the Rose Story.
Scenario 1
Can one party request a return of the money he paid for the other party’s house decoration before marriage?
plot review:
Zhou Shihui regretted his marriage because of his empathy for Rose, and broke up with his girlfriend Guan Zhizhi who had been in love for 7 years. When Guan Zhizhi moved, Zhou Shihui offered to return the decoration money Guan Zhizhi had spent on the house, but was rejected. In daily life, if the woman invests money to renovate a house in the man’s name, can she request a return of the renovation costs after the breakup?
video screenshot.
The judge said:
As far as gifts during the relationship are concerned, the gifts and gifts of small value given to each other by the man and woman during the relationship are necessary expenditures to maintain the relationship and are general gifts. Even if the relationship ends, they should be returned to the court. However, gifts intended to establish a marriage with the other party, such as the payment of house decoration costs, should be regarded as conditional gifts. If the two parties do not eventually conclude a marriage, the party that contributed the capital may require the party that obtained the property to return the gift.
Legal Guide:
Article 661 of the Civil Code of the People's Republic of China: Donations may be accompanied by obligations. If a gift is accompanied by obligations, the donee shall perform the obligations as agreed.
Scenario 2
What kind of legal responsibility do you have if you smash into someone else’s house?
Plot review:
When Rose found out that her first love boyfriend Zhuang Guodong was about to go to France to work, she communicated with her boyfriend to no avail, and finally broke up Zhuang Guodong's home in a rage. So is this behavior illegal?
The judge said:
If a civil subject infringes upon the civil rights and interests of others due to negligence and causes property damage, he shall bear tort liability according to law. The vandalism of Rose in the play is of course a tort of infringement of other people's property. The homeowner's claim that he does not need rose compensation is a voluntary surrender of his rights, which is also legal. In addition, our country’s criminal law also contains provisions on the crime of intentional destruction of property. Whether it constitutes a crime depends on the ownership of the destroyed property and the value of the destroyed property. If the amount of damage to other people's property is huge, even if the homeowner has made it clear that she will not be held legally responsible, because the crime is a public prosecution, Rose will still be at risk of criminal liability.
Legal Guide:
Article 1184 of the Civil Code of the People's Republic of China. If the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.
"Criminal Law of the People's Republic of China" Article 275 Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine.
Scenario 3
If a minor is sexually assaulted, can the perpetrator be held accountable as an adult?
Plot review:
Su Gengsheng, the girlfriend of Huang Zhenhua (Rose’s brother), confessed to Huang Zhenhua that she was sexually assaulted by her stepfather when she was 16 years old. When she realized it, she had already passed the prosecution period. So can Su Gengsheng hold his stepfather accountable?
The judge said:
The crime of rape can generally be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, so the statute of limitations for prosecution is fifteen years. If there are statutory aggravating circumstances, the statutory maximum penalty is death, and the statute of limitations is twenty years. In this case, Su Gengsheng was sexually assaulted when he was 16 years old. He can go to the public security organ and wait for a complaint before the statute of limitations for prosecution expires 15 years ago (that is, before he turns 31). In addition to the criminal law, Su Gengsheng can also request damages according to the provisions of the civil code. The statute of limitations for claims for damages for sexual assault by minors is three years, starting from when the victim reaches 18 years of age. That is, if there are no special circumstances, the lawsuit must be filed before the victim reaches 21 years of age.
Legal Guide:
"Criminal Law of the People's Republic of China" Article 87 Crimes will no longer be prosecuted after the following period: ... (3) If the statutory maximum penalty is fixed-term imprisonment of more than ten years, after fifteen years ...
200 Article 36 Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 188 of the Civil Code of the People's Republic of China states that the statute of limitations for petitioning the People's Court for protection of civil rights is three years. Article 191 The statute of limitations for the right to claim compensation for sexual assault by a minor shall be calculated from the date when the victim reaches the age of 18.
Scenario 4
When domestic violence is encountered in public, how can the victim of domestic violence defend his rights?
Plot review:
In the play, a couple ate in the restaurant where Rose worked. The husband beat his wife. Rose stepped forward and asked the girl if she needed help calling the police.
video screenshot.
The judge said:
When being subjected to domestic violence, the parties concerned can complain, report or seek help to their unit, residents committee, village committee, women's federation and other units. They can also call the police to the public security agency and request the public security agency to issue a warning letter, or they can Apply to the court for a writ of habeas corpus. If the circumstances are serious, criminal law may be involved.
Legal Guide:
Article 13 of the "Anti-Domestic Violence Law of the People's Republic of China" Victims of domestic violence, their legal representatives, and close relatives may file complaints with the perpetrator or the victim's unit, residents' committee, village committee, women's federation, etc. The unit complains, reports or asks for help. Relevant units shall provide help and deal with complaints, reports or requests for help after receiving domestic violence complaints. Victims of domestic violence, their legal representatives, and close relatives may also report the case to the public security organs or file a lawsuit with the People's Court in accordance with the law. When units and individuals discover that domestic violence is occurring, they have the right to stop it in a timely manner.
Article 23 If a party applies to the People's Court for a personal safety protection order because he has suffered domestic violence or faces the actual danger of domestic violence, the People's Court shall accept the application.
"Criminal Law of the People's Republic of China" Article 260 Whoever abuses family members, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years, criminal detention or surveillance...
There are many storylines in the drama that can explore legal knowledge. I look forward to everyone reading them. When you taste the five flavors of life from roses, you can also plant the spiritual fertile soil of the law and use the law to protect life.
Written and edited by: Correspondent Yang Kai and Nandu reporter Guo Ruomei from Beijing
